Description

First published in 1898, Rowlatt on Principal and Surety is a trusted and authoritative guide to the law and practice surrounding guarantees. Definitions and interpretations are provided in crisp, concise prose allowing easy access to the key points when researching and preparing for a case or advising clients. Appendices contain examples of key documents illustrating ways to implement the concepts discussed in the main content of the work.

Revised throughout in line with recent developments, such as the Consumer Credit Act 2006 and those relating to performance bonds and misrepresentation/undue influence, with explanations of important recent case law, including references to Commonwealth and USA authorities where relevant. Examples of key documents are included, such as draft bid bond and draft performance bond, with practical drafting guidance. Also includes selected parts of the key statutes in this area.

New for this edition

Contains new material on:

Performance bonds

Statute of Frauds

Misrepresentation

Undue influence

Insolvency

Unfair contract terms

Construction of contracts

Includes a revised and expanded chapter on Consumer Credit to take into consideration the new Consumer Credit Act 2006

Updated with the latest changes and developments in case law, such as Royal Bank of Scotland v. Etridge.

Contents

Scope of the Law of Principal and Surety. Consideration. Statute of Frauds. Construction and Effect of Guarantees. Misrepresentation and Concealment. Illegality Duress and Undue Influence. Rights of a Surety. Release of the Surety by Dealings of the Principal Contact. Loss of Securities and Co-Sureties. Statutes of Limitation. Bankruptcy. Winding Up and Receivers. Bills of Exchange and Negotiable Instruments. Landlord and Tenant. Building Contracts. Consumer Credit. Performance Bonds. Stamp Duty. Conflict of Laws. Unfair Terms in Consumer Contract Guarantees.